Agenda — Indio City Council, March 15, 2023 (part 1 of 3)

City of Indio
AGENDA
City Council / Indio Water Authority
Wednesday, March 15, 2023 @ 5:00 PM
Council Chamber, 150 Civic Center Mall

The City Council serves as the Board for Indio Water Authority and Indio Housing Authority

Members of the public will be required to comply with the California Department of Health Guidance for the Use of Face Coverings which strongly recommends that al l persons, regardless of vaccine status, continue to mask while in indoor public settings and businesses. [Eff. 3/1/22].

You may view the meeting via Livestream on the City’s website,Facebook Live,YouTube or view and participate via Zoom

Webinar ID: 868 8687 6689 Passcode: 92201

Agenda en Español

CEQA Statement: Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA under Guideline Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“AD A”) please contact the office of the City Clerk at 760 -391-4007 prior to the meeting for assistance.

Members of the public who desire to address the City Council during the meeting may do so either in person or orally or in writing as described below.

Oral Comments: Oral testimony can be provided in person or during the virtual live session. Individual speakers are limited to three minutes each, unless the Mayor amends the time limit. To address the Council in person please complete speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. To address the Council during the virtual live session via zoom, please use the "raise your hand" function in zoom in order to be recognized by the City Clerk during the specific agenda item or general comment period (i.e. non- agenda items), in order to provide comments in real time. The City Clerk will facilitate to the extent possible any email requests to provide oral testimony that are sent d uring the live meeting. Please specify on the subject line of the email “Oral Comment” and note the agenda item number or if general comment (i.e. non-agenda item).

Written Comments: If you are unable to provide comments during the meeting (whether in person or the virtual live session), written public comments on agenda and non -agenda items, or both, may be submitted by email to the City Clerk at [email protected]. Please specify on the subject line the agenda item number or if general public comment (i.e. non-agenda item). For example on a specific item, write "agenda item 8a" on the email subject line.

Email/Written comments must be received by the City Clerk no later than 2:00 p.m. on the day of the meeting and such comments will be distributed to the City Clerk, City Council, posted on the agenda landing page and be made part of the agenda packet and public record of the meeting; however, they will not be read during the meeting.

Public Hearing Items: Any person may provide in-person comments on public hearing items. Oral or written comments will also be accepted on public hearing items in the manner prescribed in the notice at the top of this agenda except that comments will be accepted during the public hearing until the hearing is closed.

MISSION STATEMENT

THE CITY OF INDIO'S PUBLIC SERVANTS PROVIDE OUTSTANDING MUNICIPAL SERVICES TO ENHANCE

THE QUALITY OF LIFE FOR OUR RESIDENTS, VISITORS AND THE BUSINESS COMMUNITY

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CLOSED SESSION - 4 PM

1. CALL TO ORDER AND ROLL CALL
Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

2. PUBLIC COMMENT
This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed at the top of this agenda. If the total time o f comments extend beyond 30 minutes, the Mayor may defer further public comments for items Not on the Agenda until the end of the Agenda.

3. ADJOURN TO CLOSED SESSION TO CONSIDER:

3.1 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 82862 Miles Ave., APN 611-153-004; Negotiating Parties: City of Indio; Bryan H.

Montgomery, City Manager and Indio Distilling Co; Under Negotiation:

Price and Terms of payment.

3.2 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45110 Oasis St., APN 611-172-003; Negotiating Parties: City of Indio; Bryan H.

Montgomery, City Manager and True Awakening Spa; Under
Negotiation: Price and Terms of payment.

3.3 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45791 Smurr St., APN 611-222-015; Negotiating Parties: City of Indio; Bryan H.

Montgomery, City Manager and Bl ack Diamond Pools and Design; Under Negotiation: Price and Terms of payment.

3.4 Conference with Real Property Negotiators, Government Code Section 54956.8; for APNs, 614 -090-001, 614-090-002, 614-030-002, 614- 020-028, 614 -020-027, 614 -020-024, 614 -020-021, 611 -020-016, 614-020-015, 614 -020-012, 614 -020-011, 614 -020-008, 614 -020- 009, 614-020-005 and Parcel Map 38387 dated November 17, 2022, including five parcels south of Indio Fashion Mall, East of Monroe, North of John Nobles, and West of Rubidoux, consisting of approximately 19.4 acres +/ -. City of Indio Negotiator: Bryan H.

Montgomery, City Manager; Negotiating Party: Chris Fahey; Under Negotiation: Price and Terms of Payment

3.5 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45230 Oasis St.., APN 611-172-007; Negotia ting Parties: City of Indio; Bryan H.

Montgomery, City Manager and Mi Tierra Bakery; Under Negotiation:

Price and Terms of payment.

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REGULAR SESSION - 5 PM

1. CALL TO ORDER AND ROLL CALL
Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

2. INVOCATION
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council does not engage in any prior inquiry, review of, or involvement in, the content of the invocation, except to request the speaker to refrain from using the invocation as an opportunity to attempt to convert others to a particular faith or to disparage any faith or belief and for the speaker to face the City Council. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Clerk will make the Council’s policy on invocations available upon request for public inspection and copying.

3. PLEDGE OF ALLEGIANCE

4. CITY ATTORNEY REPORT ON CLOSED SESSION

5. PRESENTATIONS

5.1 Proclamation - Women's History Month

6. YOUTH ADVISORY COUNCIL (YAC)
Frida Arriaga, Sofia Campbell, Miabella Cansino, Kailey Cisneros, Stephanie DeJesus, Mia Garcia, Xitlali Lucero Natividad, April Nunez Aceves, Taliyah Randolph, Aramis Jasso Rivera, Daniela Rodriguez, Vianca Terriquez, Viviana Terriquez and Victoria Terriquez

7. CITY MANAGER REPORTS AND INFORMATION

8. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS,

COMMISSIONS AND COMMITTEE MEETINGS AND REPORT ON
MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)

9. EXCUSE YOUTH ADVISORY COUNCIL

10. CONSENT CALENDAR
Consent calendar items are considered to be routine in nature and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. Public requests to discuss consent calendar items must be filed with the City Clerk before the consent calendar is called. This is the time for any member of the public wishing to speak on a consent calendar item to do so. Any member of the public wishing to speak shall have a total of three minutes to address any and all items on which he/she wishes to speak. Unless a consent calendar item is pulled for discussion by a council member, there will be no further opportunity to discuss the matter. If a consent calendar item is pulled for Council dis cussion and a member of the public then wishes to speak, he/she shall limit comments to matters raised during the Council discussion.

10.1 Minutes for City Council meeting of March 1, 2023 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Minutes for Mar. 1, 2023 - Pdf
7 - 12

10.2 City Warrants from 02.25.23 thru 03.09.23 (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File Staff Report - City Warrants from 02.25.23 thru 03.09.23 - Pdf 13 - 41

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10.3 IWA Warrants from 02.15.23 thru 02.28.23 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants from 02.15.23 thru 02.28.23 - Pdf 42 - 45

10.4 Consideration of Amendment No. 4 to the Professional Services Agreement between the City and Holt Architecture in the amount of $1,042,812 for the City Hall and Library Project (Bryan H.

Montgomery, City Manager) Recommendation: Approve
Staff Report - Amendment No. 4 to the PSA with Holt Architecture (City Hall and Library Project) - Pdf
46 - 85

10.5 Purchase of Dispatch Center furniture for the Public Safety Campus with Russ Bassett for $403,561.85 (Scott Trujillo, Deputy City Manager) Recommendation: Approve
Staff Report - Purchase of Dispatch Center Furniture - Pdf 86 - 165

10.6 Purchase of FARO Technologies Laser Scanner, accessories, and accompanying software upgrades in the amount of $89,011.51 (Mike Washburn, Chief of Police) Recommendation: Approve
Staff Report - Purchase of FARO 3D Scanner - Pdf
166 - 174

10.7 Receive and Accept: The Housing Element 2022 Annual Progress Report (Kevin H. Snyder, Director of Community Development) Recommendation: Receive & File
Staff Report - Housing Element 2022 Annual Progress Report - Pdf 175 - 208

10.8 Receive and Accept: The City of Indio General Plan 2022 Annu al Progress Report for submittal to the Governor’s Office of Planning and Research State Clearinghouse and Planning Unit (Kevin H. Snyder, Director of Community Development) Recommendation: Receive & File
Staff Report - General Plan 2022 Annual Progress Report - Pdf 209 - 266

10.9 Agreement be tween the City of Indio and NAPA Auto Parts, DBA Desert Area Corporation to provide repair parts, supplies and other needed services and materials for the City
Staff Report - Contract with NAPA/Sourcewell - Pdf
267 - 269

11. ADMINISTRATIVE ITEMS

11.1 Independent auditor's report and the City's Annual Comprehensive Financial report for fiscal year 2021-22 (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File Staff Report - Fiscal Year 2021-22 Annual Comprehensive Financial Report - Pdf
270 - 279

11.2 Professional Services Agreement with Dudek for Sphere of Influence Services in the amount of $96,342.50 to obtain a Sphere of Influence designation for certain real properties south of Avenue 50, north of Avenue 52, east of Jackson Street and west of Calhoun Street (Kevin H. Snyder, Director of Community Development) Recommendation:

Approve
Staff Report - PSA with Dudek for Sphere of Influence Modification Services - Pdf
280 - 296

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11.3 Urgency Ordinance No. 1791, an interim measure imposing a moratorium on the use, construction, establishment or operation of new self -storage facilities, mini -storage facilities and recreational vehicle storage facilities within the City of Indio
Staff Report - Urgency Ordinance No. 1791- Moratorium on Storage Facilities - Pdf
297 - 339

12. PUBLIC HEARINGS

12.1 First Public Hearing to solicit input from the Public and City Council regarding the City's FY23/24 Annual Action Plan as necessary for the receipt of $876,226 in Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD)
Staff Report - CDBG FY23/24 Annual Action Plan (First of 2 required public hearings) - Pdf
340 - 345

13. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed on the first page of this agenda.

14. ADJOURN
NEXT COUNCIL / IWA MEETING: APRIL 5, 2023
Agenda packets are available on the city’s website at www.indio.org. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available in City Clerk's Office at 100 Civic Center Mall, Indio, during normal City business hours and during the meeting.

PUBLIC NOTICE

The Indio City Council Chamber is accessible to person(s) with disabilities. If special equipment is needed, for the hearing impaired, please call the City Clerk's office.

Persons with disabilities can receive this agenda in an alternative format and should call the City Clerk's office at 3914007. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102.35.104 ADA Title 11).

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in Ordinance No. 1205. The City Council will s trictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public.

Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.

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DECLARATION OF POSTING

I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, do hereby declare that the foregoing agenda was posted on March 9, 2023, at least seventy - two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

City of Indio Council Chamber, 150 Civic Center Mall, Indio, CA 92201 City of Indio website www.indio.org

Sabdi Sanchez

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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City of Indio
City Council
March 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Minutes for City Council meeting of March 1, 2023

RECOMMENDATION:

Approve the Minutes of March 1, 2023, as presented.

ATTACHMENTS:

Attachment 1: 1 Mar 2023 - Unofficial Minutes_Final Draft

AGENDA ITEM #10.1
Minutes for City Council meeting of March 1, 2023 (Sabdi Sanchez, City C... Page 7 of 345 City of Indio
City Council / Indio Water Authority Minutes
Wednesday, March 1, 2023
REGULAR SESSION - 5 PM
Mayor Oscar Ortiz called to order the regular joint meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.

1. CALL TO ORDER AND ROLL CALL

Present:

Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
City Staff Present:

Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager & Dir. Of Finance, Kevin H. Snyder, Dir. Of Community Development, Andrew Ansoorian, Dir. of Human Resources, Timothy T. Wassil, Dir. of Public Works, Rey Trejo, IWA General Manager, Sabdi Sanchez, City Clerk Administrator and Vanessa Castillo, City Clerk Specialist.

2. INVOCATION None

3. PLEDGE OF ALLEGIANCE led by Councilmember Glenn Miller

4. CITY ATTORNEY REPORT ON CLOSED SESSION No Closed Session

5. YOUTH ADVISORY COUNCIL (YAC)
YAC representative Daniela Rodriguez provided on update on their attendance at the Desert Townhall Speakers Series with guest speaker Kimberly Strassel on February 23, 2023, and upcoming events which include the Indio Teen Center's Annual Prom Dress Giveaway on March 4, 2023, cleanup of the adopted street and painting of the Indio Teen Center fence on March 6, 2023, Women's Club Luncheon on March 4, 2023 and continuing the 60-Second Series which include short videos, poems and art pieces that focus on mental health.

6. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery shared his gratitude for City of Indio's team players through out all departments behind the scenes that take part of all the Capital Projects and improvements that occur, and reminded all residents of Indio's Farmers Market which takes place every Sunday from 9am - 2pm and the upcoming Second Saturday Event on Saturday March 11, 2023, at 6pm in downtown Indio. The City will also be hosting a Volunteer Clean-up Day on March 25, 2023 for anyone who would like to volunteer.

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AGENDA ITEM #10.1
Minutes for City Council meeting of March 1, 2023 (Sabdi Sanchez, City C... Page 8 of 345 City Council / Indio Water Authority
March 1, 2023

7. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS

AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)
Councilmember Holmes reported on East Valley Reclamation Authority Councilmember Fermon reported on Coachella Valley Association of Governments Executive Meeting
Councilmember Miller reported on SunLine Transit Agency Mayor Pro Tem Ramos Amith reported on Riverside County National Date Festival and City Select Meeting for Mayor at League of California Cities Mayor Ortiz reported on SoCal Association Regional Council

8. EXCUSE YOUTH ADVISORY COUNCIL

9. CONSENT CALENDAR

9.1 Minutes for City Council meeting of February 15, 2023

9.2 Resolution No. 10345, terminating the Local Emergency related to COVID-19

9.3 City Warrants from 02.11.22 thru 02.24.23

9.4 Report of Investments for the quarter ending December 31, 2022

9.5 IWA Warrants from 02.01.23 thru 02.14.23

9.6 Resolution No. 10344 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act

9.7 Authorize the City Manager to execute an Amendment to the Consulting and Service Agreement with Bell Burnett & Associates (“BB&A”) for services relating to financing mechanisms for electrical infrastructure within the City of Indio

9.8 Professional Services Agreement with AVIR, Inc. for the Procurement and Installation of Audio-Visual Equipment for the Training Room in the New Public Safety Campus in the amount of $101,484

9.9 Professional Services Agreement with Albert A. Webb Associates in the not-to- exceed amount of $806,625, for the preparation of Preliminary Engineering and Environmental Documents (Phase I) related to the Avenue 50 Widening and Avenue 52 Improvement Projects, (Project Nos. ST2004 and ST2204), and make a determination that the recommended action is not a “Project” pursuant to Section 15378(b)(5) (Administrative Activities) of the California Environmental Quality Act. Further, environmental review for the project is included in the scope of work of this consultant
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Elaine Holmes to approve Consent Calendar Items 9.1 thru

9.9, and approve Resolution No. 10344 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act and Resolution

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AGENDA ITEM #10.1
Minutes for City Council meeting of March 1, 2023 (Sabdi Sanchez, City C... Page 9 of 345 City Council / Indio Water Authority
March 1, 2023
No. 10345 terminating the Local Emergency related to COVID-19. Motion carried unanimously.

10. ADMINISTRATIVE ITEMS

10.1 Filling the City Treasurer Vacancy Pursuant to Government Code Section 36512(b)
Sabdi Sanchez, City Clerk Administrator presented the Staff Report to fill the City Treasurer vacancy by Appointment.

Motion made by Mayor Pro Tem Lupe Ramos Amith, seconded by Councilmember Glenn Miller to approve Item 10.1, and appoint the Assistant City Manager / Director of Finance Rob Rockwell, as City Treasurer for the remaining term ending in November 2024. Motion carried unanimously.

10.2 Authorize the City Manager to execute a new Operating Agreement with Bird Rides, Inc.

City Manager Bryan H. Montgomery introduced the item.

Jose Ramirez, Management Analyst presented the PowerPoint Presentation.

Discussion of Council ensued.

Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Item 10.2, to execute the new Operating Agreement with Bird Rides, Inc. Motion carried unanimously.

10.3 Indio Second Entry Gateway Project: Select one (1) artist/proposal from the ten (10) proposals submitted for this art project located at the corner of Jackson/Kenner, for total amount of $125,000.